The children had explicitly stated that they did not wish to have any contact with their father, the oldest even refusing to keep any photographs of him, and the youngest stating that he did not remember him.
The court referred to section 28(1)(a) of the Children’s Act that provides that a court may, on application, terminate or suspend any or all the parental responsibilities and rights that a parent has in respect of a child.
In considering such an application, section 28(4) requires the court to assess the best interests of the child, the relationship between the child and the parent whose rights are being challenged, the degree of commitment shown by the parent towards the child, and any other factor relevant to the determination of the child’s welfare.
Judge Du Plessis highlighted that the father had failed to maintain a personal relationship with the children, failed to show commitment to the children’s wellbeing, and to provide financial and emotional support to them.
Du Plessis said the man had himself to blame for his children not wanting a relationship with him.
It was further added that the man’s failure to consent for the minor children to obtain passports further cemented the fact that by restricting their future opportunities and failing to facilitate their development (which includes, in this case, supporting their education and travel), confirmed the lack of support.
The court concluded that the law and the facts compelled it to act in the best interests of the minor children. “They are entitled to a future free of unnecessary emotional distress, and to the security of knowing that those responsible for their upbringing are consistently there for them.”
In the circumstances, the court ordered that the man’s parental responsibilities and rights of guardianship and care in respect of the minor children be terminated.
Their mother was declared the sole holder of responsibilities and rights of guardianship in respect of the children.
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